Terms of sale

The company SpacePeps (the " Company"/ " we") invites internet users (hereinafter the " Users" / " you") to carefully read these general terms and conditions of sale (the " GTCS") before using the Spacepeps.com website (the " Site"). 

These GTCS apply to:

• the ordering and distance selling of personalized cutlery items (hereinafter the " Items") to a consumer (a person acting outside of their professional activity: hereinafter the " Customer") via the Site;

Resellers/distributors benefit from other sales conditions.

The User/Customer must have an internet connection. It is expressly stated that the costs of using internet access are solely the responsibility of the User/Customer. 

The Company reserves the right to modify its GTCS at any time. They will be applicable as soon as they are posted online, with the clarification that the GTCS in force at the time of the order placed by a Customer are those opposable to them.

The Customer acknowledges having read the GTCS and accepted them before validating their order. Their acceptance is materialized by checking the box indicated on the Site before validating their order online. The validation of an order implies full and entire adherence to these GTCS.

1/ About the Company

1.1/ The Site is published and operated by the company SpacePeps, SAS with a capital of 1,000 euros, whose registered office is La Cotinière 50 Rue du Cluzeau, 17310 Saint-Pierre-d'Oléron, registered with the RCS of La Rochelle under number 983 423 807, VAT number: FR40983423807.

1.2/ For any information, complaint or question, for order tracking, or for any other requests, you can contact directly our customer service (the " Customer Service"): 

• Through the contact form available here
• By email at the following address: contact@spacepeps.com
• By post to the following address: Spacepeps, 50 rue du cluzeau 17310 Saint-Pierre d’Oléron

2/ The Items

The list of Items offered by the Company as part of distance selling is available on the Site. 

The characteristics, label, and price of the Items are indicated on the Site with the greatest possible accuracy. However, if errors or omissions may have occurred regarding these indications, the responsibility of the Company could not be engaged. Likewise, the photographs or graphics of the Items are for indicative purposes only and do not commit the Company in any way (especially since our Items are made from materials some of which are natural and may present differences in color and/or structure). 

The Company reserves the right at any time to add and/or remove Items and/or to modify the presentation of Items, without any particular formality vis-à-vis Users. 

3/ Orders

3.1/ Selection of Items

To be able to purchase an Item on the Site, the Customer must use the tool made available to personalize their Item. At this stage, the Customer will be informed of an estimated manufacturing and delivery time for their Item.

3.2/ Placing an order

Once the personalized Item has been validated by them, the Customer can add it to their virtual cart. All the steps necessary for placing the order are specified on the Site.

The Customer must in particular provide a delivery address, choose a delivery method as well as a method of payment. Before validating their order, the Customer will have the opportunity to check the details of it and its total price by accessing the summary of their virtual cart and, if necessary, correct any errors before confirming their order by clicking on the "Proceed to payment" button, to express their acceptance. 

The Customer's final acceptance is materialized by the payment of their order by clicking on the "Validate payment" button. The finalization of the order implies the acceptance of the prices and descriptions of the Items sold, as well as the manufacturing and delivery terms and deadlines indicated on the Site. 

3.3/ Order confirmation

Once the order has been placed, the Customer will receive from the Company an email confirming acceptance of the order within 5 minutes, once the bank checks have been carried out, specifying the estimated manufacturing time of the Item, the delivery method, and the delivery times, and after the Company has received the full price. 

The computerized records, kept in the Company's computer systems under reasonable security conditions, will be considered as evidence of the orders and payments made between the parties. The archiving of orders and invoices is carried out on a reliable and durable medium, which can be produced as evidence. 

3.4/ Order cancellation and refusal

Purchases made on the Site are reserved for consumers for their own use (or gifts) and not for resale. The Company reserves the right, in certain cases and notably in the event of non-payment, incorrect address, or other problem on the buyer's account, to block the Customer's order until the problem is resolved.

The Company will be entitled to cancel the online purchase process if, for any reason whatsoever, the collection of amounts due by the Customer proves to be impossible. It will also be entitled to refuse any abnormal order or one placed in bad faith, or any order from a Customer who has not paid in whole or in part a previous order or with whom a dispute is ongoing.

The Company undertakes to fulfill orders only within the limits of available stocks. In the event of unavailability of an ordered Item, the Customer will be informed by email by the Company. The cancellation of the order for this Item and its possible refund will be made within 30 days following the order, the remainder of the order (in the event of a plurality of ordered Items) remaining firm and definitive.

4/ Prices

Prices are indicated in euros excluding shipping costs and take into account any applicable and in-force discounts on the day of the order.

The indicated price includes manufacturing costs but does not include delivery costs, which remain the responsibility of the Customer. The amount of delivery costs will be detailed in the summary of the virtual cart before the Customer validates the order. 

• For shipments within the European Union (excluding overseas departments and territories - formerly overseas territories):

The displayed prices will be all taxes included. They take into account the French Value Added Tax, or where applicable, that of the destination country, at the rate in force on the day of the order.

• For exports outside the European Union and overseas departments and territories (overseas departments and territories):

The displayed prices will be exclusive of taxes. You will then have to pay, in addition, any customs duties and/or taxes upon delivery of the Items. The Company is not able to determine in advance the amount of these taxes, the rates, the base, and the criteria of which differ depending on the countries. Therefore, you are invited before any order to contact your national customs office for more information.

If one or more taxes or contributions, especially environmental ones, were to be created or modified, upwards or downwards, this change could be reflected in the selling price of the Items on the Site.

The Customer will receive, upon delivery, in the form of an invoice, written confirmation of the price paid detailing the price of the Items and the delivery costs incurred. At no time will the sums paid be considered as down payments or advances. 

Under no circumstances can a Customer demand the application of a discount no longer in force on the day of the order. 

5/ Payment condition

5.1/ Payment methods

The Customer's order is subject to an obligation of payment, which means that placing their order implies payment by the Customer of their order. To pay for their order, the Customer has, at their choice, all the payment methods available on the Site: CB (Visa, Mastercard, Amex), PAYPAL, Discover, etc... Any fees related to the use on the Site of a foreign bank card will be borne by the Customer.

5.2/ Verification of banking data

The Customer guarantees to the Company that they have any necessary authorizations to use the payment method chosen by them when validating their order. 

The Company has implemented a procedure for verifying orders intended to ensure that no person uses another person's banking details without their knowledge. As part of this verification, the Customer may be asked to send by email to the Company at controle-banquaire@spacepeps.com a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the Company of the documents sent.

The Company reserves the right to cancel the online purchase process if, during the verification of banking details, there is a risk of fraudulent use of a bank card or in the event of refusal of payment authorization by the officially accredited organizations.

The provisions of article 1341 of the Civil Code do not apply to distance sales by the Company.

6/ Manufacturing time of the Items

The manufacturing time of the ordered Items is indicated when selecting the Items, before placing the order. It is recalled in the order acknowledgment and in the confirmation of acceptance of the order. This period only starts from the full payment of the price.

This period is indicative and the fact that the Company does not meet this period does not entitle the Customer to any compensation whatsoever. In the event of a significant delay in the manufacturing time (more than 6 months after the order), no order cancellation will be accepted if it has not been preceded by a formal notice sent by registered letter with acknowledgment of receipt. From the receipt of this formal notice, the Company will have an additional period not exceeding 15 days to make the Items available.

7/ Delivery

7.1/ Delivery time

The Company undertakes to make every material and human effort to deliver the Items as quickly as possible. The Customer acknowledges that delivery times may vary depending on the delivery area, the chosen delivery method, or the ordered Item. 

In any case, delivery of the Items will take place within the deadlines communicated by the Company and, in the absence of indication, in any case no later than 30 days from the end of the manufacturing of the relevant Item as regards deliveries in a member country of the European Union. 

For deliveries outside the European Union (or in the overseas departments and territories), the Company will do its utmost to respect this 30-day period.

7.2/ Delivery method

The Customer can consult the different delivery methods offered and the corresponding rates on the Site. The Customer chooses the delivery method that suits them best before validating their order, it being recalled that delivery costs remain their responsibility. The Customer will be informed by email of the manufacture of their Items and the dispatch of their Items.

7.3/ Delivery location

The Items are delivered to the address indicated by the Customer during the online purchase process. The Customer must ensure its accuracy. In the event of an error by the Customer in the delivery address and if the package is returned with the mention NPAI ("does not live at the indicated address") or any similar mention, in this case, the Company will contact the Customer as soon as possible to obtain a valid delivery address. The package will be resent to the Customer at the new communicated address, subject to reimbursement of the return costs. Any additional new delivery costs will be borne by the Customer. The Company will send the Customer an invoice corresponding to the additional costs.

The ownership of the Item and the risks are transferred to the Customer upon delivery of the Item to the Customer. However, in the event of an address error originating from the Customer, the risk is transferred to the Customer from the date of the first delivery (and until the return of the Item to the Company).

In the event that the address specified by the Customer when placing the order is not served by a carrier of the Company, the Customer will be informed by email of the cancellation of their order.

8/ Customer's right of withdrawal 

We remind you that the right of withdrawal cannot be exercised for orders concerning in particular: 

• goods made to the consumer's specifications or clearly personalized (Article L221-28 of the Consumer Code)

Customers who order personalized Items will therefore not be able to exercise the right of withdrawal.

9/ AFTER-SALES SERVICE - CONFORMITY - WARRANTY

9.1/ Legal conformity guarantee and legal warranty for hidden defects

Reproduction of articles L. 217-4, L. 217-5, L. 217-9 and L. 217-12 of the Consumer Code:

Art. L.217-4 of the Consumer Code: 

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. 

He is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to him by the contract or has been carried out under his responsibility."

Art. L.217-5 of the Consumer Code: 

"The good is in conformity with the contract: 

1° If it is suitable for the use usually expected of a similar good and, where applicable: 

- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."

Art. L.217-9 of the Consumer Code:

"In the event of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice results in a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the option not chosen by the buyer."

Art. L.217-12 of the Consumer Code:

"The action resulting from the lack of conformity is limited to two years from the delivery of the goods."

Reproduction of articles 1641 and the first paragraph of article 1648 of the Civil Code:

Art. 1641 of the Civil Code:

"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would only have given a lesser price for it, had he known them."

 

Art. 1648 paragraph 1 of the Civil Code:

"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

The Company guarantees the conformity of the Articles, allowing the Customer to make a claim under the legal warranty of conformity provided for in articles L217-4 and following of the French Consumer Code or under the warranty for defects in the thing sold within the meaning of articles 1641 and following of the French Civil Code.

In the event of the implementation of the legal warranty of conformity, it is reminded that:

- the Customer has a period of 2 years from the delivery of the goods to act;

- he may choose between repair and replacement of the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

- he is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods;

- the legal warranty of conformity applies independently of any commercial guarantee possibly granted.

In the event of the implementation of the warranty against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

9.2/ Apparent defects of conformity - anomaly, damaged package

It is the Customer's responsibility to check the condition of the Articles and their conformity to his order upon delivery.

In the event that the Articles delivered are not in conformity with his order or are damaged, the Customer must report:

• delivery errors and/or non-conformity of the Articles (in nature or quality) compared to the indications on his order, and/or
• observed anomalies

and make all complaints and reservations to the Customer Service department no later than 3 working days following receipt of the Articles. Any claim made after this period will be rejected.

If the Articles need to be returned to the Company, they must be the subject of a return request to the Company within 7 days following delivery. Any request made outside of this period cannot be accepted. The return of the Articles can only be accepted for Articles in their original condition (packaging, accessories, instructions...) at the following address sav@spacepeps.com. Return costs are borne by the Company. The Customer will have the choice between requesting a refund of the sums paid within 30 days at the latest from their payment, or the exchange of the Articles.

10/ Force majeure

In the event of force majeure or an unforeseeable event, the performance by the Company of all or part of its obligations will be suspended. Are considered as such, without this list being exhaustive, natural disasters such as earthquakes, fires, storms, floods, the blocking of means of transport or supplies, export or import embargoes, the interruption of telecommunications networks, pandemics, confinement measures.

In the event of the occurrence of a force majeure event or an unforeseeable event, the Company will inform the Customer within 7 days of its occurrence. If the suspension lasts for more than three months, the Customer may terminate his order and a refund will be made.

11/ Intellectual property

The contents of the Site are the exclusive property of the Company and/or its partners.

Without express, written and prior authorization from the Company, the User may not carry out any reproduction, representation, adaptation of elements or contents of the Site and in particular of the Articles, denominations, trademarks, logos of the Company or its partners.

The User acknowledges being fully informed that any unauthorized use and more particularly, any commercial use of the elements of the Site is strictly prohibited and may be subject to civil and criminal penalties and could constitute infringement.

12/ OTHERS

12.1/ Personal data

For more information on the personal data protection policy of our customers, we invite you to consult our personal data protection policy accessible here.

12.2/ Cookies:

To facilitate navigation on the Site, cookies may be used. For more information on the use of cookies on the Site, we invite you to consult our cookie management policy accessible here.

12.3/ Legal notices:

For more information on the Company, we invite you to consult the legal notices accessible here.

12.4/ Site unavailability:

The Company cannot be held liable under any circumstances for the unavailability, whether temporary or permanent, of the Site. Although it makes every effort to ensure the continuous service of the Site, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any necessary update, improvement or maintenance operation.

13/ Applicable law - DISPUTE

• The GTC are subject to French law, unless there are more favorable national provisions of public order.
• The reference language of these GTC is French.
• In the event of a dispute or difference, the parties will attempt to find an amicable solution, it being specified that the User may contact Customer Service at the following address: litige@spacepeps.com, providing their contact details and providing any information allowing the origin and implications of the dispute to be assessed.
• In the absence of an amicable settlement, the courts of Paris shall have sole jurisdiction, unless there are more favorable national provisions of public order.